ALABAMA 


PRIMARY ELECTION LAW 
REGISTRATION LAW 

AND 

CORRUPT PRACTICE ACT 

1915 



COMPLIMENTS 

DEVIOGRATIG STATE EXECUTIVE COMMITTEE 




D. of D. 

fEB - 1917 


* f 




ALABAMA GENERAL LAWS 

Regular Session^ 1915. 

78.) (H. 494—Welch. 

AN ACT 

To regulate primary elections in the State of Alabama. 

Section 1. Be it enacted hy the Legislature of Alabama, 
That a primary election within the meaning of this act is an 
election held by qualified voters who are members of any polit¬ 
ical party for the purpose of nominating a candidate or candi¬ 
dates for public or party office. 

Sec. 2. An assemblage or organization of electors which at 
the general election for State and county officers then next pre¬ 
ceding the primary cast more than twenty-five per cent of the 
entire vote cast in any county is hereby declared to be a polit¬ 
ical party within the meaning of this act within such county; 
and an assemblage or organization of electors Avhich at the gen¬ 
eral election for State officers then next preceding the primary 
cast more than twenty-five per cent of the entire vote cast in the 
State is hereb}" declared to be a political party Avithin the mean- 
ing of this act for such State. 

Sec. 5. In determining the total vote of a political party 
Avhenever required by this act, the test shall be the total vote 
cast 1)}^ such political party for its candidate Avho received the 
greatest number of votes. 

Sec. 4. All primary elections hereafter held by any political 
party in this State for the nomination of any State, district, 
county or municipal officers shall be held and conducted under 
the provisions of this act, and except as herein modified shall be 
held and conducted in the same manner and form and under the 
same requirements and subject to the same forfeitures and pen¬ 
alties and punishments as are or shall be provided by law for 
the holding of regular State elections, but nothing herein con¬ 
tained shall make it obligatory upon any political party or par¬ 
ties to hold a primary election. 

Sec. 5. If any primary elections are held at the expense of 
the State or counties they shall be held on the second Tuesday 
in May of every presidential election year and on the second 
Tuesday in August of every other eA^en numbered year for the 
nomination of candidates by all political parties. No primary 


2 


shall be held by any political parties for the nomination of can¬ 
didates except as herein provided. The same election officers 
shall hold such primary elections for all of the political parties 
desiring to participate therein. 

Sec. 6. Primary elections herein provided for shall be held 
at the regular polling places established for the purposes of 
holding general elections. 

Sec. 7. That there may be provided a committee of each 
party for the State and each political subdivision of the State, 
said committees to be selected in such manner as may be pro¬ 
vided for by the governing authority of each party, provided 
if there shall not be elected or chosen any committee for any 
political subdivision, then all the powers which could be exer¬ 
cised by any such committee shall be vested in the State execu¬ 
tive committee, under such rules and regulations as the govern¬ 
ing authority of the party may designate, such State executive 
committee may provide for the selection of any such commit¬ 
tees, and provided that in political subdivisions of the State less 
than the whole State and greater than any one county, there 
shall be not less than one member of each such executive com¬ 
mittee from each county in such political subdivision to be chos¬ 
en in such manner as the party authority in such county may 
direct; that within ten days after any such member is selected 
or appointed, as the case may be, the fact of his selection or 
appointment as such committeeman of such executive commit¬ 
tee shall be certified by the chairman of the county or general 
committee to the State executive committee, and, in the event 
that from any county, or any political subdivision greater than 
one county, such member of one executive committee is not 
named or certified, the State executive committee may either 
itself fill such vacancy, or may direct the method by which the 
same shall be filled. 

Sec. 8. The expense of such primary election shall be paid 
in the same manner and to the same extent as is or may be pro¬ 
vided by law for the payment of the expenses of a general elec¬ 
tion held under the laws of Alabama. 

Sec. 9. The chairman of the State executive committee of 
the parties entering such primary shall at least twenty days 
prior to the holding of such primary election certify to the sec¬ 
retary of State of Alabama the names of all candidates run¬ 
ning for office who are voted for by the voters of more than one 
county, and the chairman of each county executive committee 
of the parties entering such primary election shall at least fif¬ 
teen days prior to the holding of such primary election certify 




3 


to the probate judge of the county the names of all candidates 
for county officers, and the secretary of State shall within not 
less than twenty days from the time of holding such primary 
election certify to the probate judge of any county where an 
election is to be held for any particular office the names of the 
candidate or candidates for such office, and the probate judge 
of each county in Alabama shall in the manner and form here¬ 
inafter set forth prepare all ballots voted for in such election. 

Sec. 10. .When it shall be desired by the State executive 
committee or governing authority of any political party to enter 
the primary election herein ordered to be held under the pro¬ 
visions of this act, said committee or governing authority for 
the State or political subdivision of the State where any such 
officers are to be voted upon shall give public notice thereof by 
posting notices of such election at the courthouse door and by 
advertising in some newspaper published in such subdivision, 
if there be such a newspaper, at least once a week for three con¬ 
secutive weeks prior to such primary election. 

Sec. 11. All persons who are qualified electors under the 
general election laws of the State shall have the right to partici¬ 
pate in such primary elections, subject to such political or other 
qualifications as may be prescribed by the State executive com¬ 
mittee or governing body of such political party. The State ex¬ 
ecutive committee may delegate to the several county executive 
committees the poAver to prescribe the qualifications of voters 
in any primary election for the nomination of county officers. 

Sec. 12. Officers for each election district or precinct in all 
primary elections held under the provisions of this act shall be 
of the same number as required and designated by laAV to hold 
regular State elections, and their duties and responsibilities 
shall be the same as those of legally appointed and regularly 
qualified like officers of regular State elections, and said offi¬ 
cers shall be appointed by the same appointing board as officers 
to hold regular State elections are appointed. If more than one 
political party enters such primary, the appointing board shall 
see that each political party has representation among the offi¬ 
cers named, and may, if necessary in order to secure such fair 
representation, increase the number of inspectors and clerks to 
such number as in the judgment of the appointing board is nec¬ 
essary to properly handle such primary election and fairly rep¬ 
resent all political parties participating therein. The various 
candidates entering said primary at least ten days before such 
primary election may file Avith the appointing board lists of 
names suggested for officers for said primary election, and in 


4 


appointing such officers, the appointing board shall select the 
same as far as practicable from such lists. Such officers shall 
be paid in the same manner and for the same amount as are like 
officers for holding a general regular election under the laws of 
Alabama, to be paid out of the county treasury in the same man¬ 
ner. In the event the persons selected as officers fail to appear 
at the polling place by eight o’clock A. M. on the day of the pri¬ 
mary election, then their places may be filled by such of those 
who have been named by such appointing board a^ do appear. 
In the event none so named appear by eight A. M. on said day, 
then the voters present qualified to participate in such primary 
may from among themselves select officers to conduct such elec¬ 
tion in such district or precinct, and such substituted persons 
shall have the authority to conduct such election and to be paid 
for their services in the same manner as if they had been orig¬ 
inally appointed. All officers serving in such primary election 
shall take the same oath required to be taken by officers of reg¬ 
ular State elections. Any election officer failing to serve ex¬ 
cept because of illness shall be guilty of a misdemeanor. 

Sec. 13. The officers of all primary elections held under the 
provisions of this act shall have the same power and privileges 
as officers of regular State elections, and shall be subject to the 
same restrictions, limitations, penalties and conditions. 

Sec. 14. Separate official ballots and other election station¬ 
ery supplies for each political party shall be printed and fur¬ 
nished for use at each election district or precinct, and shall be 
of a different color for each of the political parties participating 
in such primary election. All ballots for the same political 
party shall be alike, printed in plain type, and upon paper so 
thick that the printing cannot be distinguished from the back. 
Across the top of the ballot shall be printed the words, ^^Official 
Primary Election Ballot.” Beneath this heading shall be print¬ 
ed the year in which said election is held and the words ^tDemo- 
cratic Party” or ^^Republican Party” or other proper party des¬ 
ignation. Each group of candidates to be voted on shall be pre¬ 
ceded by the designation of the office for which the candidates 
seek nomination, and in the proper place the words ^^Vote for 
one” or ^A"ote for two” (or more, according to the number to be 
elected to such office at the ensuing election). And there shall 
also be printed the words ^Tirst Choice” at the head of appro¬ 
priate rulings or lines at the left of the names of the candidates, 
and the words ^^Second Choice” at the right of the names of 
such candidates, wherever either a majority vote or a tie vote 
would not otherwise necessarily occur. 



6 


bee. lo. Where more than one political party has entered 
such primary it shall be the duty of the sheriff to furnish to the 
ekction officers of each voting place separate ballot boxes for 
participating in such primary. Said boxes shall be 
distinctly marked and the ballots of electors of each party shall 
be depomted in the box assigned to and designated for that 

Fifu ^ n ‘'®*’tifl^ates, official list of voters, ballots, 

tally sheets, affidavits as to challenged votes, after the canvass 
of the votes shall be deposited in the ballot box of the party to 
which they relate. 

Sec. 16. The names of candidates for each office shall be 
printed in alphabetical order according to surnames, and, ex¬ 
cept as to the order in which the several offices to be filled are 
stated, official ballots for primary elections shall be printed in 
substantially the following form : 

OFFICIAL PRIMARY ELECTION BALLOT 
1916 


Democratic Party 

District Number 1 of Precinct Number 1.1 .County. 

Instructions: To vote for any candidate, make a cross (X) 
in the square in the appropriate column, according to your 
choice. Vote your first choice in the column to the left of the 
names of candidates; vote your second choice in the column to 
the right of the names of candidates. If there is no column at 
the right of a name, vote your first choice only. Do not vote 
more than one choice for the same candidate. 


First 

Choice 

FOR GOVERNOR. 

Vote for One. 

Second 

Choice 


William Jones 



Charles Smith 



John Williams 






First 1 FOR RAILROAD COMMISSIONER. 
Choice 1 Vote for Two. 

Second 

Choice 

1 James Davis 


1 Robert Johnson 


1 Thomas Mitchell 


1 Richard White 


! 






















G 

• 

First 

Choice 

FOR UNITED STATES SENATOR. 
Vote for One. 

1 Second 

1 Choice 


Frank Anderson | 


Joseph Brown ' | 


1 


First 

Choice 

FOR SHERIFF. 

Vote for One. 

Second 

Choice 


Benjamin Thompson | 


David Walker j 


Samuel Young | 


1 


Sec. 17. Any qualified elector who is also a member of a 
political party, as herein defined, participating in a primary 
election, shall be entitled to vote at such primary election and 
shall receive the official primary election ballot of the political 
party, and no other. 

Sec. 18. The judge of probate of each county is hereby re¬ 
quired to furnish to the officers of said primary election a copy 
of the official list of voters of each district or precinct, in his 
county, of the same kind and in the same manner as he is by 
law required to furnish such lists to the officers at any general 
State election, and he shall furnish as many of said lists as 
there are parties participating in said primary. The probate 
judge shall also furnish all necessary election supplies includ¬ 
ing stamped addressed envelopes in which to mail certificates of 
results and other papers herein required to be forwarded. The 
probate judge shall deliver such election supplies and lists to 
the sheriff of the county not less than three days before the day 
of the election. It shall be the duty of the sheriff to deliver the 
same together with ballot boxes, and voting boothes to the offi¬ 
cer of said election at the place provided by him for holding said 
election and not later than seven-thirty o’clock on said election 
day. 

Sec. 19. If the name of a person desiring to vote does not 
appear on the official list of voters for said district or precinct 
as furnished by the judge of probate, it shall be the duty of said 
inspectors to challenge such vote in the same manner as they 
are required to challenge voters in general elections whose 
names do not appear on the official list of voters, and when 
challenged, such voter, before his ballot shall be received, shall 




















7 


be required to swear and subscribe to the same affidavit which 
is required of voters so challenged in general elections, and 
shall also be required to produce the same kind of identification 
as is required of challenged voters in general elections, and the 
identifying affidavit must be subscribed and sworn to in like 
manner as required in general elections. 

Sec. 20. The ballot of every voter shall be kept secret and 
inviolate. As the inspectors deposit the ballot, the name of the 
voter shall be checked off of the official voting lists, but no num¬ 
bers or other identification of any kind shall be placed upon the 
ballot of the voter except one of the inspectors as he hands out 
the ballot to the voter shall initial the same on the back there¬ 
of, and before depositing it in the ballot box shall examine said 
ballot to see that it contains the initials. 

Sec. 21. All challenged votes shall be marked ^^Challenged’’ 
on the back thereof by one of the inspectors and with a number 
corresponding to the number opposite the name of the chal¬ 
lenged voter as it appears on the official voting lists. If the 
name of such challenged voter does not appear on the official 
voting list, one of the inspectors shall add such name to the 
official voting list and give it its proper consecutive number. 

Sec. 22. All affidavits of challenged voters shall be taken 
in duplicate in the same manner as the same affidavits are 
taken of challenged voters in general elections. One copy of 
such affidavits in reference to such challenged voters shall be 
returned with the votes in the ballot box of the party to which 
they pertain. The other copy shall be mailed to the solicitor for 
the county to be presented by him to the next grand jury meet¬ 
ing in said county. 

Sec. 23. If any qualified voter who cannot read or write or 
who is physically disabled asks for assistance in marking his 
ballot, two of the inspectors, and if more than one party is par¬ 
ticipating in said primary the two shall be of different parties, 
shall go into the booth with such voter and mark his ballot as he 
directs, and any inspector who shall attempt to electioneer with 
such voter or try to influence his vote by suggestion or other¬ 
wise, or shall mark the same contrary to the directions of such 
voter, or shall afterwards divulge for whom such voter voted, 
shall be guilty of a misdemeanor. 

Sec. 24. It shall be the duty of the sheriff at the expense of 
the county to furnish and have in place at each voting place 
election booths as provided by law for general elections. Each 
elector in preparing his ballot shall prepare the same in a booth 
and nowhere else. Each elector who has not under section 23 


8 


above requested assistance in preparing his ballot shall prepare 
said ballot without the assistance of any one nor shall any one i 

be allowed to be present in the booth while he is preparing such | 

ballot. If any elector receives assistance other than that pro- | 

vided by section 23 above or if he prepares his ballot in the pres- j 

ence of any one else or if he divulges to any one else how he 
voted, he shall be guilty of a misdemeanor. 

Sec. 25. At the close of the primary election at each polling 
place, and nowhere else, the inspectors and clerks shall proceed 
forthwith without adjournment in the manner provided by law 
in the case of general elections to count the vote^ and in addition 
thereto, it shall be the duty of the inspectors and clerks of elec¬ 
tion in each election district carefully to enter the number of 
first and second choice votes for each candidate and make re¬ 
turn thereof as provided by law in the case of returns in gen¬ 
eral elections. First and second choice votes shall not be cast 
by a voter for the same candidate, and in the event that shall be 
done, only the first choice vote shall be counted. 

Sec. 26. A ballot commonly known as a single shot shall not 
be counted. Where two candidates or more are to be nominated 
for the same offices, the voter must express his choice for as 
many candidates as there are offices to be filled. 

Sec. 27. The following are declared to be samples of the 
tally sheets and instructions for using same in such primary 
elections: 

Samples of Tally Sheets and Instructions for Using Same. 

Where there is one candidate to be nominated and only two 
running, there will be no second choice votes and tally sheets 
will be of the following form, which for convenience will be des¬ 
ignated as form No. 1. 

Form No. 1. i 

DEMOCRATIC PRIMARY. 


Names of Candidates. 

For Governor. 

Votes Received. 

A. 


B. 











9 


The candidate receiving the highest numher of votes will he 
declared nominated and record made as now made in general 
elections where there are two candidates. Where there is one 
01 more candidates to be nominated and three or more running 
the following form, called Form No. 2 will be used. In this 
form the votes have been tallied out just as they would be tal¬ 
lied in actual use, and following the form will be found instruc¬ 
tions for counting the vote and for recording the same. 

Form No. 2. 


DEMOCRATIC PRIMARY. 


First Choice 

Names of Candidates. 

Second Choice. 

m-x 

mx ma ixii rixi 
rxu 1X11 mi 50 

For Governor. 

A. 

rm mi rm mi rm 

25 

mi mi mi 

rm mi mi 

rm mi mi 4.5 

B.. 

-im mi rm mi rm 
rm 30 

rm 

rm rm mi mi 

im mi rm 40 

C. 

rm mi rm rm 

20 


It is required to so tally the vote as to show the number both 
of first choice and of second choice votes received by each candi¬ 
date. The names of the candidates are perpendicularly ar¬ 
ranged. It will be noticed that the names of the candidates are 
in alphabetical order according to surnames. They will appear 
in this order on the ballot and the tally sheet is intended to cor¬ 
respond with the ballot in this respect. Tally the first choice 
vote of any candidate in the appropriate space on the left of the 
perpendicular column in which the names of the candidates 
appear and the second choice votes in the appropriate space on 
the right. 

Sec. 28. The counting of the ballots completed, the results 
shall be publicly proclaimed. Separate certificates for each of 
the political parties entering said primary and the results of 
said election shall be drawn up by said inspectors and clerks at 
each and every election district or precinct, which shall contain 
all matters and things provided for in the law regulating gen- 








10 


eral elections, and, in addition thereto, in all cases where first 
and second choice ballots are voted, the number of first choice 
votes received by each candidate and the number of second 
choice votes received by each candidate. Said certificates in this 
respect shall be substantially in the following form. We hereby 
certify that 

A.Candidate for Governor received.first choice votes and 

.second choice votes. 

B.Candidate for Governor received.first choice votes and 

.second choice votes. 

C.Candidate for Governor received.first choice votes and 

.second choice votes. 


Inspectors. 

Said certificates shall be signed by each of the inspectors; 
one copy of the same shall be forthwith posted in a conspicuous 
place at such polling place. Copy shall be deposited with the 
proper committee or governing authority of each of the political 
parties participating in the primary at such place as the com¬ 
mittee or governing authority shall designate at which to re¬ 
ceive such returns. Another copy shall be mailed to the chair¬ 
man of the State executive committees of the political parties 
participating in said primary. 

Sec. 29. The sheriff of each county on the day of such pri¬ 
mary election shall be present in person or by deputy at each 
election precinct or voting districts where such elections are 
held and shall preserve good order. All duties imposed and 
powers conferred upon the sheriff in said county and district 
elections by this section are hereby imposed and conferred on 
the marshal or chief of police in all municipal primary elec¬ 
tions. Not more than one officer shall be allowed however to 
enter into the polling place. The sheriff shall also perform the 
duty of returning officer as in general election. It shall be his 
duty to return to the chairman of the county executive commit¬ 
tee or governing authority at the office of judge of probate at 
the county seat of each of the political parties participating in 
the election the ballot boxes and returns which have been deliver¬ 
ed to him by the officers of said election. Such ballot boxes and 
returns shall not be allowed to leave his possession and must be 
returned by him not later than Thursday noon following the 
election. It shall be the duty of the county executive committee 
or other governing authority of each of the political parties 














11 


participating in the said primary to be present at said time and 
place for the purpose of receiving said ballot boxes and returns 
and canvassing and declaring the results. Each and all of the 
persons failing to perform any of the duties herein required 
shall be guilty of a misdemeanor. 

Sec. 30. The county executive committee or governing au¬ 
thority of the parties participating in said primary shall at the 
time above named receive the returns, canvass the same and 
declare the results. First—In all cases where second choice 
voting is not provided for by this act, the candidate for office 
receiving a majority of the votes cast shall be declared nominat¬ 
ed for said office. Second—In cases where there is to be nomi¬ 
nated only one candidate for a particular office if such candi¬ 
date shall receive a majority of first choice votes he shall be de¬ 
clared nominated for such office. If no candidate shall receive 
such a majority of first choice votes, then the nomination of 
such office shall be between the two candidates receiving the 
highest number of first choice votes and shall be determined by 
adding to the first choice votes of said candidates the second 
choice votes which they respectively receive, the candidate thus 
receiving the greater number of first ancT second choice votes 
shall be declared nominated. Third—In cases where more than 
one nomination is to be made for any particular office the can¬ 
didate or candidates receiving the highest number of first choice 
votes cast for said office shall be declared nominated therefor 
provided the first choice votes received by said candidate or 
candidates shall be a majority of all the first choice votes cast 
for such office. In determining the number of votes cast for 
such office the total first choice votes received by all the candi¬ 
dates therefor divided by the number of candidates to be nom¬ 
inated for such office shall be taken as the total vote cast for 
such office. If no candidate or if any place or places be not 
filled in accordance with the above, the nomination shall be de¬ 
cided as follows: Twice as many candidates shall be considered 
as there are places to be filled if there be so many candidates 
and only those candidates receiving the highest number of first 
choice votes shall be considered and to the first choice votes of 
each of said candidates there shall be added the number of sec¬ 
ond choice votes as each of said candidates respectively re¬ 
ceived, the number of said candidates necessary to fill said of¬ 
fices who receive the highest number of aggregate of first and 
second choice votes shall be declared the nominee for said 
offices. 

Sec. 31. In the event that in any primary election held un¬ 
der the provisions of this act there shall be a tie vote cast, then 


12 


in such event such tie shall be decided by the chairman of the 
State committee or the chairman of the committee or other 
governing authority of the committee of the party of which said 
candidates were candidates and of the political subdivision in 
which such candidates were voted for. 

Sec. 32. No person entitled to vote under the rules of the 
political party holding such primary election, shall be arrested 
on the day of such election, unless it be for a felony, or a breach 
of the peace attempted or committed on that day; for such 
breach of the peace or attempted breach of the peace the sheriff, 
or his deputy, or in case of municipal primary the marshal or 
chief of police, may arrest, without process and commit to jail 
until the offender shall give bond with good and sufficient sure¬ 
ty to be approved by the sheriff or marshal or chief of police as 
the case may be, for his appearance at the next term of the cir¬ 
cuit, city or county court, or municipal court, in case of munici¬ 
pal primary, to answer any charge that may be brought against 
him. 

Sec. 33. No ballots shall be counted until the polls are 
closed. Before counting any ballots or examining the same one 
of the official list of voters for each party participating in the 
primary shall be securely sealed in separate envelopes, and each 
of the inspectors shall write his name across every fold at which 
the envelope, if unfastened could be opened. After the count of 
the votes is finished and certificates of the result have been pre¬ 
pared, the inspectors shall seal up in a separate envelope all the 
ballots cast at such election, and shall place such ballots so 
sealed up in the proper party ballot box, together with one offi¬ 
cial list of voters as hereinabove provided, and shall also place 
in such box one tally sheet and one certificate of the result, and 
such box shall then be securely locked and sealed. The inspec¬ 
tors shall then in an envelope addressed to the chairman of the 
county committee or other governing authority of each political 
party participating seal one certificate of the result, one official 
list of voters and one tally sheet, and such envelope together 
with the property party ballot box shall thereupon be immedi¬ 
ately delivered to the returning officer, who shall keep the same 
securely in his possession and by noon of Thursday following 
the election carry and deliver the same to the chairmen of the 
county executive committee or other governing body of the par¬ 
ties participating in such primary election at the "office of the 
probate judge of the county. After the result has been can¬ 
vassed and declared the chairman of the executive committee or 
other governing body shall keep the ballot box securely, until it 


13 


is known that there will be no contest in any event not less than 
thirty days, and shall then destroy the contents of such box 
without examining the same, and such ballot box shall not be 
opened except in the event of a contest, and its opening be au¬ 
thorized under authority of the chairman of the executive com¬ 
mittee or other body, trying such contest. 

Sec. 34. The State executive committee or other governing 
authority of any party may for the purpose of filling vacancies 
which may occur in any nomination by death, resignation or 
otherwise or in case of special election provide for the holding 
of special primaries at such times as they may designate pro¬ 
vided that neither the State nor the counties shall be called 
upon to defray the expenses of the primary. If any such prima¬ 
ries are called or held they shall be held in the same manner 
subject to the same rules, instructions and penalties as are set 
forth herein for the holding of the general primaries herein pro¬ 
vided for. The State executive committee or other governing 
body of said party calling said special primaries may fix the 
time and provide for the giving of such notices as they deem 
best of the time for holding such special primary. 

Sec. 35. The State executive committee or other governing 
body of any political party may provide for State conventions 
or conventions of other suMivisions and may provide for the 
election of delegates to such conventions or other party officers 
at the general primary herein provided for. 

Sec. 36. Within not less than twenty nor more than sixty 
days after the announcement of such result for any office, the 
chairman of the State committee shall certify to the secretary 
of State of Alabama the name or names of each of such nomi¬ 
nees of such party as the candidate of such party in the general 
election for the office to which he is nominated. The chairman 
of each congressional executive committee, each judicial circuit, 
each chancery division, and each senatorial district or other 
political subdivision which embraces a district greater than one 
county, shall within not less than ten nor more than thirty days 
after the ascertainment of the result of his district, certify to 
the chairman of the State committee the nominees of the party 
for the several offices in his district as declared by the commit¬ 
tee of which he is chairman, and the said chairman of the State 
committee, within ten days thereafter, and at the same time he 
certifies the nominees of the party for the several State officers, 
shall certify to the secretary of State all nominees as shown 
by the certificates filed with him by the several chairmen of the 
political sub-divisions of the State greater than one county, 


14 


provided, that where any contest of a nomination is instituted 
as herein provided for, the declared nominee for such office 
shall not be certified to until after the final settlement of such 
contest. 

Sec. 37. The secretary of State, not less than thirty days 
nor more than sixty days prior to each general election, shall 
certify to the probate judge of each county in the State a sepa¬ 
rate lists of all the general nominees of each party to be voted 
for by the voters of such county. 

Sec. 38. All nominations held under this act may be con¬ 
tested within five days after the result has been declared in all 
county elections, and ten days in all other except State elec¬ 
tions, and in fifteen days in a State election, under the same 
conditions and on the same grounds as provided in the general 
election laws; said contest to be heard and tried by the county 
executive committee or other governing body in elections for 
county offices, and by the State committee in case of State 
officers, and district committee in the case of district officers 
and where there is no proper district committee then by the 
State executive committee. 

Sec. 39. The contest of any candidate for an office whose 
functions embrace the whole State or a political subdivision 
greater than one county, may be instituted by any qualified 
elector of said State or political subdivision legally partici¬ 
pating in such primary election upon the following grounds: 
malconduct, fraud, or corruption on the part of any inspector, 
clerk, marker, returning officer, board of supervisors, or other 
person. (2) When the person whose -nomination to office is 
contest was not eligible thereto at the time of such nomina¬ 
tion. (3) On account of illegal votes. (4) On account of the 
rejection of legal votes. (5) Offers to bribe, bribery, intimida¬ 
tion, or other malconduct calculated to prevent a fair, free and 
full exercise of the elective franchise. 

Sec. 40. No malconduct, fraud, or corruption, on the part 
of any inspector, clerk, marker, returning officer, board of 
supervisors, or other person, nor any offers to bribe, bribery, 
intimidation, or other malconduct which prevent a fair, free 
and full exercise of the elective franchise can annul or set 
aside any nomination unless thereby the person declared nomi¬ 
nated, and whose nomination is contested, be shown not to 
have received the highest number of legal votes, nor must any 
nomination contested under the provision of this act be an¬ 
nulled or set aside because of illegal votes given to the person 
whose election is contested, unless it appears that the number 


15 


of illegal votes given to such person, if taken from him would 
reduce the number of votes given to him below the number of 
legal votes given to some other person for the same office. Nor 
must any nomination be annulled or set aside because of the 
rejection of legal votes, unless it appears that such legal votes, 
if given to the person intended, would increase the number of 
legal votes to or above the number of legal votes received by 
any other person for the same office. 

Sec. 41. Any person examined as a witness may be required 
to answer if he voted at the primary election contested, and to 
answer his qualifications; and if he was not at such election 
a qualified voter, he may be required to answer for whom he 
voted. If he make full, true answers which may tend to crimi¬ 
nate him he shall not be prosecuted for voting at such election. 

Sec. 42. It shall be the duty of the judge of probate of any 
county upon the application of either party to any contest or 
his agent or attorney, to deliver to the party, his agent or at¬ 
torney, a certified copy of the registration lists and list of poll 
taxes (one or both) of his county, or any election precinct 
therein, upon the payment of his fees for certifying and copying 
same, at the rate fifteen cents a hundred words written by 
him in making such copy; and such copies, duly certified, shall 
be received as presumptive evidence of the facts therein stated, 
the registration lists that the persons therein named were 
duly registered and the poll tax lists that the persons therein 
named had paid poll taxes as therein stated, and any chairman 
of any committee or other authority in whose possession or 
control there is any poll lists of any such primary election shall 
furnish a copy of such poll lists for any precincts as may be 
required in writing by either party to a pending contest upon 
the applicant paying in advance the cost of preparing such copy 
or copies. 

Sec. 43. Any elector desiring to contest the nomination 
of any candidate declared the nominee to any office shall make 
a statement in writing, setting forth specifically: (1) The 
name of the party contesting and that he was a qualified voter 
when the primary election was held and participated in same. 
(2) The office which said election was held to fill, and the time 
of holding the same and the name of the person declared nomi¬ 
nated. (3) The particular grounds of said contest. This state¬ 
ment must be certified by the affidavit of such contesting party 
to the effect that the same is believed to be true. If the recep¬ 
tion of illegal votes is alleged as a cause of contest, it is a suffi¬ 
cient statement of said cause to allege that illegal votes were 


16 


given to the person whose nomination is contested, which, if 
taken from him, will reduce the number of legal votes given to 
him to or below the number of legal votes given to some other 
person for the same office. 

Sec. 44. No testimony must be received of any illegal votes, 
or of the rejection of any legal votes in any contest commenced 
under the provisions of this act unless the party complaining 
thereof has given to the adverse party notice in writing of the 
number of illegal votes and by whom given, and for whom given, 
and at what precinct or voting place cast, or the number of 
legal votes rejected, and by whom offered, and at what precinct 
or voting place they were not allowed to be cast, which he ex¬ 
pects to prove on the trial. Stich notice must be served per¬ 
sonally or left at the residence or usual place of business of the 
adverse party, at least five days before the taking of the testi¬ 
mony in reference to such votes. 

Sec. 45. Any contest of a nomination to any office voted 
for by the voters of one county must be commenced within five 
days after the result has been canvassed and declared by the 
county executive committee of the party holding such primary 
election, by filing a statement of contest with the chairman of 
such county committee and at the time of filing such contest, 
he must deposit with such chairman the sum of one hundred 
dollars in cash to be used by said county committee in paying 
the expenses of such contest as such expenses may be directed or 
authorized by said county executive committee. The person 
whose nomination is contested shall have five days after the 
filing of such contest within which to file with the chairman, 
his objections or answer to such contest. 

Sec. 46. The chairman of the county committee upon the 
filing with him of any contest as herein provided, shall within 
five days call said committee together at the county seat at a 
time not less than ten days nor more than twenty days after 
the filing of such contest, to hear and determine the same. 

Sec. 47. Either party to said contest shall have the right 
of an appeal to the State executive committee from the final 
decision of the county committee upon the same. Notice of 
such appeal must be filed with the chairman of the county com¬ 
mittee and also with the chairman of the State committee with¬ 
in ten days after determination of such contest by the county 
committee, and at the time of filing with the chairman of the 
State committee his notice of appeal, such appellant shall de¬ 
posit with the chairman of the State committee the sum of one 
hundred dollars to cover such costs and expenses as may be 


17 


incurred by the State committee to hear and determine said 
appeal and upon the tilinp^ of any such appeal the chairman of 
the county committee from whose decision the appeal is taken, 
shall certify to the chairman of the State committee immedi¬ 
ately upon receiving notice of such appeal, a transcript showing 
a complete record of the proceedings before the county commit¬ 
tee in such contests and also a statement of the substance of the 
testimony of each witness taken in the trial of the contest before 
the county committee, and such statement may be offered in evi¬ 
dence upon the hearing of the appeal by either party to the 
contest. But additional evidence may also be offered by either 
party to the appeal. 

Sec. 48. The chairman of the State executiv^e committee 
shall call said committee to meet at a time not less than ten 
days nor more than forty days from the time of the filing of 
any such appeal, for the purpose of hearing and determining 
the same, and upon a final determination of said appeal the 
chairman of such State executive committee shall issue to the 
county executive committee from which the appeal was taken 
the order or judgment of such State comnjjttee upon the appeal, 
and said county executive committee shall immediately act 
thereon in accordance with the terms of such order, decree or 
judgment. And upon the failure or refusal of such county 
committee to comply with the terms of such order or judgment 
within the time named in such order or judgment then such 
State executive committee if it be then in session, otherwise the 
chairman of such State executive committee is hereby vested 
with full and complete authority to take such measures or adopt 
such steps as it may desire to carry out such order or decree 
and invested with all the powers of such county committee or 
its chairman in so far as such powers may be necessary or con¬ 
venient in carrying out such order or judgment. 

Sec. 49. Any qualified elector participating in any primary 
election held under the provisions of this act, may contest the 
nomination to any State office or to any office whose functions 
embrace a political subdivision by filing with the State execu¬ 
tive committee or the executive committee of any political 
subdivision as the case may be, his statement of contest on any 
of the grounds set out in section 43 for the contest of county 
nominations, and the statement of the grounds of contest shall 
also include a statement setting forth specifically the following: 
(1) The name of the person contesting the nomination and 
that he was a qualified voter at the time of and participated in 
the primary election wherein such nomination was made. (2) 


18 


The office which said primary election was held to fill and the 
time of holding the same and the name of the party nominated. 
(3) The particular grounds of said contest. This statement 
must be verified by the affidavit of such contestant to the effect 
that the same is believed to be true. If the reception of illegal 
votes is alleged as a cause of contest it is a sufficient statement 
of said cause to allege that illegal votes were given to the person 
whose nomination is contested, which, if taken from him, will 
reduce the number of legal votes given to him to or below the 
number of legal votes given to some other person for the same 
office. 

Sec. 50. That if such contest be of any State senatorial 
nomination where the district is greater than one county, the 
contestant at the time of filing his statement of contest shall 
deposit with the chairman of his senatorial district, if there be 
one, if not, with the chairman of the State executive committee, 
the sum of twenty-five dollars for expenses of such contest to be 
used as such committee may direct. If the contest be of the 
nomination for chancellor or judge of any court of record, whose 
district or circuit is greater than one county, the contestant 
shall at the time of filing such statement of contest deposit the 
sum of sixty-two and 50/100 dollars with the chairman of the 
committee trying the contest. If it be of a nomination to con¬ 
gress the contestant shall file with the chairman of the con¬ 
gressional committee, if there be one, if not, with the chairman 
of the State committee, at the time of filing his contest, the 
sum of one hundred and twenty-five dollars for the purpose of 
paying such expense of the contest as such committee may di¬ 
rect, and if it be the contest of any State office then the con¬ 
testant shall deposit with the chairman of the State committee 
at the time of filing his contest the sum of two hundred and 
fifty dollars for the expense of such contest as may be author¬ 
ized by the committee, and in addition to the above amounts 
herein required to be deposited at the time of filing contest, the 
State committee or governing body of any political subdivision 
may from time to time require the deposit of additional amounts 
for the purpose of paying the expenses incident to such contest, 
but in no case shall the amount required by said committee or 
governing body be more than four times the respective amounts 
above required. Provided, however that the contestant for the 
nomination of any county office shall not be required to deposit 
any amount in excess of seventy-five dollars. The person whose 
nomination is contested shall at once be notified by such chair¬ 
man in writing of such fact and such contestee shall have ten 
days after the receipt of such notice of such contest within which 


19 


to file with the chairman of said State committee or other 
committee or governing body of the party of his objections and 
answers to the statement of contest. Either party to any con¬ 
test not first heard by the State executive committee shall have 
the right of appeal to the State executive committee from any 
final judgment of any other committee but at the time of filing 
such appeal shall deposit with the chairman of the State com¬ 
mittee the same amounts as herein required for the institution 
of contest. 

Sec. 51. State executive committee or governing body of 
any political subdivision of the State greater than one county 
shall, upon the filing of a contest with the chairman, be called 
by such chairman to meet at a time not less than ten days nor 
more than forty days from the time of filing such contest for 
the purpose of hearing and determining the same. 

Sec. 52. Upon the final hearing of any such contest, if 
the committee determines who is the legal nominee for any 
office it shall make a declaration of its judgment upon the 
question, and the chairman of the State committee within ten 
days thereafter shall certify to the secretary of State the name 
of the party declared to be the nominee to such office. 

Sec. 53. If upon the hearing of any contest for any office, 
as provided for in this act, the committee, after an investigation 
and hearing of the contest, shall determine that it is impossible 
from the evidence before it to decide who is the legally nomi¬ 
nated candidate for the office contested, it shall have the right 
and authority to direct a new primary election for the nomina¬ 
tion to any such office, but where any action is taken by any 
county committee or by the committee of any political subdi¬ 
vision less than the whole State, either person to the contest 
in the same manner as is herein provided for in the case of ap¬ 
peals from the action of any county committee, may take an 
appeal to the State executive committee, which shall he the 
court of final appeal in all party contests of nominations; pro¬ 
vided, that upon the hearing of any contest or appeal, as pro¬ 
vided for in this act, one-third of the members of any such 
State executive committee shall constitute a quorum for the 
hearing of such contest or appeal, provided further, that the 
entire committee be notified of the meeting in the usual way. 

Sec. 54. The State executive committee in cases of State 
offices and the executive committee of any political subdivision 
of the State or other governing body as the case may be, but 
subject to the approval of and in accordance with the method 
prescribed by the State executive committee, where vacancy 


20 


may occur, in any nomination, either by death, resignation, 
revocation or otherwise, or in case of any special elections, shall 
have authority to fill such vacancy either by action of the com¬ 
mittee itself, or by such other method as such committee or 
governing body may see fit to, provided. 

Sec. 55. The State executive committee shall prescribe such 
other additional rules governing contests and other matters of 
party procedure, as it may deem necessary not in conflict with 
the provisions of this act. 

Sec. 56. The chairman of any such committee before which 
may be pending any contest as herein provided shall have au¬ 
thority to administer oaths to witnesses in such contests and to 
summon persons and officers to be and appear before him; pro¬ 
vided, that the person who desires the summoning of any wit¬ 
nesses at the time he makes request of the chairman of such 
committee to summon any witness shall deposit wUh the chair¬ 
man of such committee, in cash, sufficient money to pay the cost 
of summoning any such witness. And also to pay such witness 
the sum of one dollar per day while attending upon such com¬ 
mittee and the sum of three cents per mile each way in coming 
and returning from attendance upon such committee; and all 
witnesses summoned to testify in any contest pending before 
any committee shall be paid at the rate of one dollar per day 
and three cents per mile as herein provided for; provided, that 
any party to the contest may file with the chairman an instru¬ 
ment in writing signed by any such desired witness waiving his 
right to claim such per diem and mileage, in which event the 
chairman shall not require a deposit for the payment of such 
witness fees but only for the expense of summoning him. 

Sec. 57. Upon the filing of any contest as herein provided 
the executive committee before whom any such contest is pend¬ 
ing, if in session, or the chairman of such committee, if it is 
not in session, may appoint a commissioner upon tlie request 
of either party for the purpose of taking testimony in such 
contest, and such commissioner shall take such testimony as he 
may be directed to take by the chairman of such committee, and 
five days notice of the time and place when such commissioner 
expects to take such testimony and the name of the witnesses 
to be examined shall be served upon the opposite party to the 
contest; each party to the contest may be represented before 
such commissioner, but before any such commissioner is ap¬ 
pointed the party desiring the appointment made shall deposit 
with the chairman of such committee sufficient funds to pay the 
expenses and fees of such commissioner, and the fees and mile- 


21 


age of any witnesses which may’h(‘ summoned before such com¬ 
missioner. And such commissioner when appointed shall for 
the purpose of the contest in which he is to take testimony have 
authority to summon witnesses to appear before him in such 
contest and to administer oaths to such witnesses, and shall 
have all the authority vested in a justice of the peace to punish 
for contempt. But such commissioner shall not he of kin to 
either party to the contest. 

Sec. 58. That nothing herein shall be construed to prohibit 
any executive committee of a party from fixing assessments or 
other qualifications as it may deem necessary for any person 
desiring to become a candidate for any office in any such pri¬ 
mary election. Provided that such assessment shall never be 
in excess of four per centum of the first year’s salary in the 
case of all salaried officers, and lo.l greater than thirty-five 
dSollars for all county officers nof otherwise specified in all 
regular elections, and regular primaries. 

Sec. 59. In the hearing of any contest before any commit¬ 
tee under the provisions of this act, such committee, through 
its chairman, or through such other autkority as may be desig¬ 
nated,, shall have authority to summon witnesses to appear be¬ 
fore it or before any sub-committee appointed by it, in the hear¬ 
ing of any contest pending before such committee, and can 
require any witnesses by a subpoena duces tecum to produce 
any books, papers, poll lists, tally sheets, ballots, certificates or 
other documents which it may consider necessary to a rightful 
determination of the case. Any such witness who lives more 
than forty miles from the place where such contest is to be 
heard or tried at the time he is summoned, shall be furnished 
the amount of his railroad fare going and coming to attend 
upon such committee. 

Sec. 60. Any person who violates any of the provisions of 
this act for which a penalty is not herein otherwise provided, 
shall be guilty of a misdemeanor, and, upon conviction, shall 
be punished by a fine of not less than fifty (|50.00) dollars and 
not more than five hundred dollars, and may also be imprisoned 
in the county jail or sentenced to hard labor for the county 
for not more than six months at the discretion of the court. 

Sec. 61. That all laws, general, local, or special, in conflict 
with this act, be and the same are hereby repealed. 

Sec. 62. Every section of this act and every part of each 
section are hereby declared to be independent sections and 
parts of any section, and the holding of any section or part 


22 


thereof, to be void, ineffective or unconstitutional for any cause 
shall not affect the other sections or parts thereof. 

Sec. 63. This act shall take effect upon its approval. 
(Unsigned by the Governor.) 


No. 116.) (H. 491—Welch. 

AN ACT 

To provide for the registration of electors. 

Be it enacted hy tlie Legislature of Alabama: 

Section 1. Registrars, Appointment of.—Registration shall 
be conducted in each county by a reputable and suitable person, 
to be appointed by the Governor, State auditor and commis¬ 
sioner of agriculture and industries, or by a majority of them 
acting as a board of appointment, and who must be also quali¬ 
fied electors and residents of the county, and who shall not hold 
an elective office during their terms. 

Sec. 2. Terms of Office.—The registrars so appointed shall 
hold office for four years and until their successors are ap¬ 
pointed. 

Sec. 3. Vacancies of Registrars; How Filled.—If one or 
more of the persons appointed on such board of registration 
shall refuse, neglect, or be unable to qualify or serve, or if a 
vacancy or vacancies occur in the membership of the registrar 
from any cause, the Governor, State auditor and commissioner 
of agriculture and industries, or a majority of them acting as a 
board of appointment, shall make other appointments to fill 
such board. 

Sec. 4. Fees, Compensation of Registrars.—Each registrar 
shall receive three dollars per day, to be paid by the State, and 
disbursed by the several judges of probate, for each day^s 
attendance upon the sessions of the board. 

Section 5. Oath of Registrars.—Before entering upon the 
performance of the duties of his office, each registrar shall take 
the same oath as required of the judicial officers of the State, 
which oath may be administered by any person authorized to 
administer oaths. The oath shall be in writing and subscribed 
by the registrar, and filed in the office of the judge of probate 
of the county. Said registrars are judicial officers and shall 
act judicially in all matters pertaining to the registration of 
applicants. 



23 


Sec. 6. The registrar shall meet in a county seat of each 
county on the second Monday in August, 1915, and in every 
year thereafter shall meet at said county seat on the first 
Monday of February for purging the registration list of the 
names of those who have died, become non-residents of the State 
or county, become insane and then so declared by inquisition 
of lunacy, or who have been convicted of any offense mentioned 
in section 182 of the Constitution, since being registered, or 
otherwise disqualified as electors under the provisions of the 
Constitution, and any names which may have been fraudu¬ 
lently entered on such lists shall be stricken from the registra¬ 
tion list. At said meeting, the registrar shall also examine the 
registration lists which have been returned by them to the office 
of the judge of probate of the county in so far as the same 
relates to the registration of voters in precincts, the boundaries 
of which have been changed or which have been divided or sub¬ 
divided into election districts since the return of said list to the 
office of the judge of probate, and shall determine from this 
examination and from other available information the residence 
of the persons named in said lists so that a new list may be 
made therefrom which will state the residence of the persons 
registered by election precincts and also by election districts. 

Sec. 7. At such meeting above provided for there shall be 
allowed to be present one person to be selected by the chairman 
of the county executive or other principal county committee 
of any political party, and such persons shall have the right to 
present to the registrar any names which they claim should for 
any of the reasons set forth as causes for purging the lists in 
the section just preceding be stricken from the lists. 

Sec. 8. At such meeting any legal voter in said county may 
present to such board an affidavit made before any person 
authorized by the laws of this State to administer oaths stating 
in substance that the person or persons in said affidavit named 
are for a cause therein stated not legal voters, and requesting 
that the names of said persons be stricken from the registration 
lists. 

Sec. 9. It shall also be the duty of said registrar to make 
a list of the names appearing on said registration lists which in 
their opinion for legal causes should be stricken therefrom. 

Sec. 10. When the name of any elector is proposed to be 
stricken from the registration lists either by the person repre¬ 
senting a political party or by the affidavit of a legal voter, or 
by the registrar, a notice shall thereupon issue citing him to 
appear before the board on the fourth Monday of October, 1915, 


24 


following, and thereafter in each year on the fourth Monday 
in February, and show cause why his name should not be 
stricken from the list. Said notice shall be served by the sheriff 
of the county at least five days before the said fourth Monday 
in October, 1915, and the said fourth Monday of February of 
each year thereafter. The sheriff of said county shall make 
return of said notice within ten days after the same has been 
placed in his hand for service. Said return shall state the time 
of service, if service was secured, and if not found, shall state 
^^not found,” and such reason as the officer attempting to 
serve such paper has for such return. It shall then be the duty 
of said registrar to publish in some newspaper of general circu¬ 
lation, published in said county, a list of the names proposed to 
be stricken, the notices to whom were returned not found by 
the sheriff, and notifying such persons to appear on the Mon¬ 
day following said fourth Monday showing cause^ why their 
names should not be stricken from the lists, and that upon their 
failure so to appear, their names would be stricken from the 
list. 

Sec. 11. On the fourth Monday of October, 1915, and on the 
fourth Monday of February of each year thereafter, the board 
shall proceed to consider the case of each elector whose name 
it is proposed to strike from the registration list, and determine 
the same, provided that on the demand of any person whose 
name is proposed to be stricken from the list a trial by jury 
may be had and the board shall forthwith certify the proceedings 
to the circuit clerk or clerk of a court of like jurisdiction, who 
shall docket the case in the circuit court of the county or other 
court of like jurisdiction. The solicitor shall represent the 
State in the trial of said cause. Said board shall strike from 
the registration lists on said hearing the names of those who 
have been returned not found by the sheriff and who do not 
appear, and those and whose names have been published in ac¬ 
cordance with section 10 above, and who failed in accordance 
with such notice by publication to appear shall be stricken from 
said list on the Monday following said fourth Monday. 

Sec. 12. The registrar shall enter upon a book to be fur¬ 
nished by the secretary of State at the expense of the State for 
that purpose the names, in alphabetical order by precincts, and 
where any precincts have been divided or subdivided into dis¬ 
tricts, by districts, of all electors stricken from the registra¬ 
tion lists, and within two weeks after each meeting for purging 
on the hearing provided for above the registration lists shall 
file the same in the office of the judge of probate. On the filing 


25 


of said book, the judge of probate shall strike all said names 
from the list in his office and shall not again send them out to 
the inspectors. 

Sec. 13. The registrar at such meetings shall enter on a 
book to be furnished by the secretary of State at the expense of 
the State for that purpose, the names, in alphabetical order, 
by election districts, of all electors, by districts where any elec¬ 
tion precincts have been divided or subdivided into districts, 
and shall give as accurately as possible the address of said elec¬ 
tors and within two weeks after such meetings shall file the 
same in the office of the judge of probate. On the filing of said 
book, the judge of probate shall make therefrom an alphabetical 
list of the names thereon, stating the residence of the person 
registered by districts, which alphabetical list shall be substi¬ 
tuted for and take the place of the lists in the office of said 
judge of probate of the county covering the precincts which 
covered and included said districts. 

Sec. 14. The judge of probate shall from the registration 
list heretofore and hereafter returned to his office, including 
those registered prior to January 1, 1903, and excluding those 
names stricken therefrom, as shown bl^^ the lists returned to 
him under section 12 above, make correct alphabetical lists of 
all the electors registered by precincts and by districts of pre¬ 
cincts where precincts have been divided or subdivided, which 
list shall be certified by him officially to bei a full and correct 
copy of the list of registered electors for each precinct, and 
where a precinct has been divided or subdivided, for each dis¬ 
trict of each precinct respectively, as the same appears from 
the returns of the registrar on file in his office. Said judge of 
probate shall after the first day of February, 1916, and of each 
year thereafter, compare such official list of registered electors 
with the poll tax lists which have been furnished him by the 
tax collector, and shall ascertain from such comparison the 
names of such persons on the official lists of registered electors 
who have failed to pay any poll tax for which they are legally 
due, and by such comparison and other available information, 
said judge of probate shall make correct alphabetical lists of all 
of the qualified electors registered by precincts and of districts 
of precincts where precincts have been divided or subdivided, 
and who have paid all poll tax due. Said lists so made up shall 
be published by him in some newspaper with a general circula¬ 
tion in said county on or before the 15th day of April, 1916, and 
of each year thereafter, and together with said lists there shall 
also be published a certificate that said list constitutes the cor- 


26 


rect list of all qualified electors who will be entitled to vote in 
any elections held in said county from the time of said publica¬ 
tion until the first day of May of the next succeeding year, 
and also a notice that any voter duly registered whose name 
has been inadvertently or through mistake omitted therefrom 
and who has paid all poll taxes due and who is legally en¬ 
titled to vote shall have ten days from said publication to have 
his name entered upon said list of qualified voters. If within 
such ten days any voter shall reasonably satisfy said judge of 
probate by proper proof that his name should be added to such 
list, his name shall be added thereto. An alphabetical list by 
districts and precincts of those so added within said ten days 
shall be prepared and published by said judge of probate in some 
newspaper with a general circulation in said county on or before 
the first day of May, 1916, and of each year hereafter. The al¬ 
phabetical list of voters published by said judge of probate on or 
before the fifteenth day of April, together with the names added 
and published on or before the first day of May, shall be the 
official list of qualified voters in said county and for the dis¬ 
tricts and precincts therein for the next ensuing year, until a 
new list is published, and no person whose name does not there¬ 
on appear shall be allowed to vote nor shall he be allowed to 
vote except in the precinct, or if the precinct has been divided 
into districts in the district in which his name on said list 
appears unless such person complies with the qualifications 
prescribed by law for challenged voters. That for services, 
rendered in comparing, making, certifying to, and seeing to the 
publishing of said lists, the probate judge shall be paid out of 
the county treasury five cents for each name which appears on 
said list. Said probate judge shall, at the time of the publica¬ 
tion of said lists, arrange for the printing of a sufficient number 
of copies of said official list by election districts and precincts, 
so that he may deliver to the inspectors at each voting place 
of all elections to be held in said county, during the next suc¬ 
ceeding year and until a new list is published two printed 
copies of said list, and so that he may have on hand in his 
office for those who may call for the same, printed copies of such 
list. The number of copies so printed by the probate judge 
shall, in no instance, exceed two thousand copies, nor be less 
than five hundred copies. The publication and printing of said 
list shall be paid for by the county out of the county treasury. 
Each probate judge shall deliver or cause to be delivered, to the 
inspectors at each voting place, immediately preceding each 
election, two copies of that portion of the printed lists of the 


27 


voters in such election precinct, or where the precinct has been 
subdivided in such election district, and where in said election 
there is participating more than one party, there shall he deliv¬ 
ered one additional copy for each additional party partici¬ 
pating. Said judge of probate shall certify that each of said 
lists so furnished is a correct official list of voters as the same 
appears of record in his office. 

Sec. 15. The registrar in each county shall visit each pre¬ 
cinct except the precinct in which is located the county site, at 
least once, and oftener if necessary, between November 15,1915, 
and January 1, 1916, and each two years thereafter, and shall 
remain there at least one day from eight A. M. until sunset, and 
shall sit at the court house at the county site from January 1, 
1916, to January 5, 1916, to make a complete registration of all 
persons entitled to register. They shall give at least twenty 
days’ notice of the time when and the place and the precinct 
where they will attend to register applicants for registration 
by bills posted at three or more public places in each election 
precinct, and by advertisement once a week for three successive 
weeks in a newspaper, if there be one T^blished in the county. 
Upon failure to give such notice or to attend any appointment 
made by them in any precinct, they shall, after like notice, file 
new appointments therein; but the time consumed by the board 
in completing such registration shall not exceed forty working 
days in any county except that in counties having more than 
50,000 population, as shown by the last preceding census, the 
time shall not exceed sixty days. 

Sec. 16. No person shall be registered except at the county 
site or in the precinct or district where he resides. 

Sec. 17. The registrars shall issue to each person registered 
a certificate of registration. 

Sec. 18. The time and place of meeting of board where 
there are two court houses.—Where there are two court houses 
in a county, the registrars may divide the time fixed for sitting 
at the county site between the two court houses as they deem 
best and they shall give twenty days’ notice by bills posted at 
each of the court houses, designating the time and place at 
which they will sit. If there are more than two court houses, 
the registrars shall select the two court houses at which they 
shall sit and shall give notice as above provided. 

Sec. 19. Examination and Oath of Applicant to Register. 
—The registrar shall have power to examine, under oath or af¬ 
firmation all applicants for registration, and to take testimony 
touching the qualifications of such applicants. Each member 


28 


of such board is authorized to administer the oath to be taken 
by the applicants and witnesses, which shall be in the following 
form and subscribed by the person making it, and preserved by 
the board namely: do solemnly swear (or affirm) that in 

the matter of the application of.for registra¬ 

tion as elector, I will speak the truth, the whole truth, and noth-' 
ing but the truth, so help me God.’’. 

Sec. 20. If any legal voter by affidavit duly SAVorn to be¬ 
fore some officer authorized by the laws of this State to make 
affidavits, SAvears that in his opinion and belief any applicant 
for registration is not legally qualified to register, such appli¬ 
cant shall not be registered, but a day shall be set, not exceeding 
ten days from the time such application Avas made, to deter¬ 
mine his qualifications. Notice of such day shall be given both 
to the applicant and to the voter filing such affidavit. Upon 
the day set, the registrars shall hear such evidence as is offered 
by either party in reference to the qualifications of such appli¬ 
cant, and shall determine whether or not the applicant is quali¬ 
fied to register. 

Sec. 21. Persons qualified to register.—The following per¬ 
sons, and no others, avIio, if their place of residence shall remain 
unchanged, Avill have, at the date of the next general election the 
qualifications as to residence prescribed by section 290 of the 
Code, shall be qualified to register as electors, provided they 
shall not be disqualified under section 293 of the Code. 
1st. Those Avho can read and Avrite any article of the Constitu¬ 
tion of the United States in the English language, and who are 
physically unable to Avork; and those who can read and write 
any article of the Constitution of the United States in the Eng¬ 
lish language and who have Avorked or been regularly engaged 
in some lawful employment, business or occupation, trade or 
calling for the greater part of the twelve months next preceding 
the time they offer to register, and those Avho are unable to read 
and Avrite, if such inability is due solely to physical disability; 
or 2nd. The OAvner in good faith in his OAvn right, or the 
husband of a aa onian Avho is the OAvner in good faith in her OAvn 
right of forty acres of land situated in this State, upon Avhich 
they reside; or the OAAmer in good faith in his own right, 
or the husband of any Avoman avIio is the OAvner in good faith 
in her OAvn right of real estate situated in this State, assesed 
for taxation at the value of three hundred dollars or more, or 
the OAvner in good faith, in his OAvn right, or the husband of any 
Avoman avIio is the OAvner in good faith in her OAAm right, of 
personal property in this State assessed for taxation for three 




29 


hundred dollars or more; provided that the taxes due upon such 
real or personal property for the year next preceding the year 
in which he offers to register shall have been paid, unless the 
assessment shall have been legally contested and is undeter¬ 
mined. 

Sec. 22. If it appears to the registrar that an applicant for 
registration has all the qualifications set forth in section 21 
except said applicant is not twenty-one years of age, but will 
become twenty-one years of age before the registrar will convene 
again and before another election in said county, the said reg¬ 
istrar shall require such applicant to make affidavit before 

them in substance as follows: ., being 

duly sworn, do depose and say that my full name is... 

.; that I will become twenty-one years of 

age on the.day of.; that I reside at 

.-.; that I am now employed by.; 

who is in business at.; that my nearest living 

relative is., who resides at.’’ 

Said applicant shall also produce a legal voter who is known 
to at least one of the registrars, who shall make and subscribe 

before the registrar to the following afffdavit: ., 

being duly sworn, depose and say that I am a legal voter; that 

I know.who has made the foregoing affidavit 

as to Ris age; that I know the facts stated in said affidavit are 
true.’’ Upon both of said affidavits being made and subscribed 
to before the said registrar, and subject to an affidavit of chal¬ 
lenge being made thereto, as in other cases, the name of said 
applicant shall be placed upon the registration list. 

Sec. 23. Applicant may be refused.—Any person making 
application to the registrar for registration who fails to estab¬ 
lish by evidence to the reasonable satisfaction of the registrar 
that he is qualified to register, may be refused registration. 

Sec. 24. Majority of the board a quorum. The action of a 
majority of the registrars shall be the action of the board, and 
a majority of the board shall constitute a quorum for the trans¬ 
action of all business. 

Sec. 25. Right of appeal from registrars.—Any person to 
whom registration is denied shall have the right of appeal, with¬ 
out giving security for cost, within thirty days after such 
denial, by filing a petition in the circuit court or court of like 
jurisdiction held for the county in which he seeks to register, 
to have his qualifications as an elector determined. Upon the 
filing of the petition, the clerk of the court shall give notice 
thereof to any solicitor authorized to represent the State in 














30 


said county, who shall appear and defend against the petition 
on behalf of the State. Upon such trial the court shall charge 
the jury only as to what constitutes the qualifications that 
entitle the applicant to become an elector at the time he ap¬ 
plied for registration, and the jury shall determine the weight 
and effect of the evidence and return a verdict. From the judg¬ 
ment rendered an appeal will lie to the supreme court in favor 
of the petitioner, to be taken within thirty days. Final judg¬ 
ment in favor of the petitioner shall entitle him to registration 
as of the date of his application to the registrars. 

Sec. 26. Not required to register.—No person registered as 
an elector shall again be required to register unless his place of 
residence is changed. 

Sec. 27. Kegistration books, forms and blanks furnished 
by the secretary of State.—The secretary of State shall, at the 
expense of the State, have prepared and furnished to the regis¬ 
trars and judges of probate of the several counties a Sufficient 
number of registration books and of blank forms of oath, 
certificates of registration, and of notices required to be given 
registrars. The cost of publication of the notices required to 
be given by the registrars shall be paid by the State, the bills 
therefor to be rendered to the secretary of State and approved 
by him. 

Sec. 28. Registered on change of county or resid(^ce.— 
Any elector who registered prior to January 1, 1903, who has 
changed his residence shall be registered on application on 
production of his certificate, unless he has since become dis¬ 
qualified. 

Sec. 29. Any applicant for registration must be required 
to make an affidavit in writing before the registrars in the fol¬ 
lowing form: do solemnly swear (or affirm)—1. I know 

of no reason why I am not entitled to vote; 2. I am generally 
known by the name under which I now desire to vote, which is 

.; 3. My occupation is .; 

4. My residence is.; (if in city or town, give 

street number) ; 5. During the last six months, I have resided 

.; 6. I am engaged in the following business 

or employment:.; 7. The name of my present 

employer is .and his business address is 

.; I was born at.on the 

.day of.; 8. That . 

and . have personal knowledge of my resi¬ 
dence in . precinct for three months past.” 

Any applicant for registration who refuses to sign and sub- 















31 


scribe to such affidavit shall not be entitled to register. Any 
applicant who cannot write his name shall subscribe to said 
affidavit by mark duly witnessesed. It shall be the duty of the 
secretary of State, at the expense of the State, to furnish the 
registrar sufficient affidavit blanks in form as above described. 

Sec. 30. The registrar shall arrange affidavits taken of 
applicants alphabetically and by precincts and shall return 
the same to the office of the judge of probate of the county. The 
same shall be kept as records in the office of the judge of pro¬ 
bate of the county, and be open to public inspection. 

Sec. 31. The registrar shall, each year, within two weeks 
after January 15, make a copy of the list of names registered, 
stating the residence of the persons registered by precincts, and 
where precincts have been subdivided into districts by dis¬ 
tricts or precincts, which copy, along with the registration lists 
must be returned to the office of the probate judge of the 
county. The judge of probate shall certify an alphabetical list 
to the secretary of State. The probate judge shall keep both 
the original list filed by the registrars and the alphabetical 
list made therefrom as records in the offibe of the probate judge 
of the county, and same shall be open to public inspection. 

Sec. 311/2. That in case of sickness or other disability of 
the registrar, the registrar on the approval of the probate judge 
may appoint a deputy registrar to act in the place of the reg¬ 
istrar pending his sickness or disability, provided, however, 
that in no case shall more than one salary be paid. 

Sec. 32. All laws and parts of laws in conflict herewith 
are hereby expressly repealed. 

Sec. 33. This act shall take effect upon its approval. 

(Unsigned by the Governor.) 


32 


No. 171.) H. 493—Welch. 

AN ACT 

Relating to elections and to limit, regulate, control and restrict campaign 
and other expenditures in connection with elections, and to require cer 
tain statements to be made of campaign expenditures; to require certain 
duties of certain committees and persons in connection with such cam¬ 
paign expenditures; to define, prevent and punish certain offenses and 
corrupt practices in connection with elections. 

Be it enacted hy the Legislature of Alabama: 

Section 1. Any one or more persons who shall he elected, 
appointed, chosen or associated for the purpose wholly or in 
part of directing the raising, collection or disbursement, and 
every two or more persons who shall co-operate in the raising, 
collecting or distribution, or in controlling or directing the 
raising, collecting or disbursement of money used o}’ to be used 
to further or defeat the nomination or election of any person 
or any class or number of persons to public office by popular 
vote, or in support of or in opposition to any measure or prop¬ 
osition submitted to popular vote, shall be deemed a political 
committee Avithin the meaning of this act. 

Sec. 2. That the word candidate in this act means any 
person who has announced to the public that he is a candidate 
for election or nomination to any public or party office. 

Sec. 3. The word election in this act means any election 
in which there is submitted to the popular vote the names of 
any persons for nomination or election to any office, or in which 
there is submitted to the popular or party vote any measure or 
proposition. 

Sec. 4. Any person is guilty of a corrupt practice if he 
directly or indirectly by himself or through any other person 
or through any political committees, in connection with or in 
respect of any election, pays, lends or contributes or offers or 
promises to pay, lend or contribute, any money or other valu¬ 
able consideration for any other purpose than the folloAving 
matters and services at their reasonable bona fide and custom¬ 
ary value: For his travelling expenses while campaigning; 
fee for qualifying; stenographic work; clerks at his campaign 
headquarters to address, prepare and mail campaign literature; 
telegrams; telephone; postage; freight; express; stationery; a 
list of voters; office rent; newspaper advertising; preparation, 
printing and publication of posters, lithographs, banners, no¬ 
tices and literary material, reading matter, cards and pamph¬ 
lets; the compensation of agents to supervise and to prepare 


33 


and distribute such articles and advertisements; the rent of 
halls in which to address the voters; the hire of bands or musi¬ 
cians and the reasonable travelling expenses of his agents, 
clerks and speakers. Any payment, contribution or expendi¬ 
ture, or agreement or offer to pay, contribute or expend any 
money or thing of value for any purpose whatsoever except as 
herein provided is hereby declared to be a corrupt practice. 

Sec. 5. The total amount expended by any candidate for 
public or party office voted for at an election by the qualified 
'electors of the State, or any political sub-division thereof, for 
any of the purposes specified in section 4 of this act, for con¬ 
tributions to political committees, as that term is defined in 
section 1 of this act, and for any purpose tending in any way 
directly or indirectly to promote or aid in securing his nomina¬ 
tion and election, shall not exceed.the amount specified herein. 
By a candidate for United States Senator, the sum of ten 
thousand dollars; by a candidate for Governor, the sum of ten 
thousand dollars; by a candidate for any other State elective 
office, the sum of two thousand five hundred dollars; by a 
candidate for the office of representative in Congress, the sum 
of two thousand five hundred dollars; by a candidate for the 
office of State senator, the sum of three hundred dollars; by a 
candidate for the office of State representative, the sum of two 
hundred and fifty dollars; by a candidate for any other public 
office to be voted for by the qualified electors of a county, city, 
town or village, or any part thereof, if the total number of 
votes cast therein for all candidates for the office of Governor 
at the last preceding State election, or at the last preceding 
State primary, if more votes were cast in such primary than in 
such election, shall be five thousand or less, the sum of one 
thousand dollars; if the total number of votes cast therein at 
such last preceding State election or at such last preceding 
State primary, if it be higher than the last preceding State 
election, be in excess of five thousand, the sum of ten dollars 
for each one hundred in excess of such number may be added 
to the amounts above specified. By a candidate for presidential 
elector, the sum of one hundred dollars; by a candidate for 
delegate to any national convention of any party, the sum of 
two hundred and fifty dollars; by a candidate for delegate to 
a State or district or county convention of any party, the sum 
of fifty dollars; by a candidate for State chairman or national 
committeeman of "any political party the sum of one thousand 
dollars; by a candidate for any other party office, the sum of 
two hundred and fifty dollars. The amount assessed against 


34 


any candidate as a fee for qualifying shall not be included in 
the total of the above expenditures. Any candidate for a public 
or party office who shall expend for the purposes above men¬ 
tioned an amount in excess of the amounts herein specified shall 
be guilty of a corrupt practice. The expenditure by any can¬ 
didate for a public office of an amount in excess of the amounts 
herein specified shall disqualify said person for said office. 

Sec. 6. Hereafter any candidate shall within five days after 
the announcement of his candidacy for any office, if the office, 
be a State office, file with the secretary of State, and if the 
office be a county office, file with the judge of probate of said 
county, and if it be a district or circuit office, file with the 
judge of probate of each county which is embraced in said dis¬ 
trict or circuit, the name of not less than one or more than five 
persons selected to receive, expend, audit and disburse all 
moneys contributed, donated, subscribed, or in any» way fur¬ 
nished or raised for the purpose of aiding or promoting the 
nomination or election of such candidate, together with a writ¬ 
ten acceptance or consent of such person to act as such commit¬ 
tee, provided that any candidate may, if he sees fit to do so, 
declare himself as the person chosen for such purpose. Such 
committees shall appoint one of their number to act as treas¬ 
urer, who shall receive and disburse all moneys received by 
said committee; he shall keep detailed accounts of receipts, 
payments and liabilities. The said committee, or its treasurer, 
shall have the exclusive custody of all moneys contributed, 
donated, subscribed, or in any wise furnished for or on behalf 
of the candidate represented by said committee, and shall dis¬ 
burse the same on proper vouchers. If any vacancies be created 
by death or resignation or any other cause on said committees, 
said candidate may fill such vacancies, or the remaining mem¬ 
bers shall discharge and complete the duties required of said 
committee as if such a vacancy had not been created. No can¬ 
didate for nomination or election shall expend any money 
directly or indirectly in aid of his nomination or election except 
by contributing to the committee designated by him as afore¬ 
said. Any person who shall act as his own committee shall be 
governed by the provisions of this act relating to committees 
designated by candidates. Failure to make the declaration of 
appointment or selection by any candidate as herein required 
is hereby declared to be a corrupt practice, and in addition the 
name of such candidate so failing shall not be allowed to go 
upon the ballot at such election. The failure to perform any 
of the other acts herein required to be performed, or the per- 


35 


forming of acts herein forbidden, is hereby declared to be a 
corrupt practice. 

Sec. 7. All contributions, donations and subscriptions 
made for or on behalf of any candidate shall be made to the 
committee named by such candidate. The making of any such 
expenditures in aid of any candidate by any other person or 
committees or corporations other than by and through the com¬ 
mittee named and designated under section 6 above is hereby 
declared to be a corrupt practice. 

Sec. 8. That each and every committee appointed under 
section 6 herein, and each and every political committee as 
defined in section 1 hereof, be and they are hereby required to 
file in the office of the judge of probate of the county in 
which the candidate by which said committee was appointed 
resides, if such candidate is a candidate for State senator, rep¬ 
resentative in the Legislature, or for any county office or posi¬ 
tion, or in the office of the secretary of State, if he is a candi¬ 
date for a national or State office or position, or for repre¬ 
sentative in Congress or judge or solicitor of any judicial 
circuit, or chancellor of any chancery district, and if the politi¬ 
cal committee be one in support or opposition to any measure 
or proposition submitted to the popular party vote, if such meas¬ 
ure or proposition is submitted to the voters of the State, then in 
the office of the secretary of State, and if it be submitted to the 
voters of any particular county or district or Circuit, then in the 
offices of the judges of probate of such counties, detailed, item¬ 
ized statements of all expenditures made, as follows, to-wit: 
Not more than ten days nor less than five days prior to the 
election, and within ten days after the day of the election, shall 
file statements giving in itemized, detailed form, including 
names, items, and detailed amounts, covering all of the expendi¬ 
tures made directly or indirectly, and all obligations, debts or 
liabilities assumed or incurred at the time of filing of said state¬ 
ments. Such statements shall include the names of all contrib¬ 
utors of amounts in excess of ten dollars, with amount given by 
each, and a list of all gifts, loans or contributions made. Such 
statements shall itemize all moneys expended in sums over five 
dollars, and shall give the names of the various persons to whom 
such moneys were paid, the specific nature of each item, by 
whom the service was performed, and the purpose for which it 
was expended. There shall be attached to such statement an 
affidavit subscribed and sworn to by the treasurer of said com¬ 
mittee setting forth in substance that the statement thus made 
is in all respects true, and that the same is a full and detailed 


36 


statement of all moneys, securities or equivalents for money 
coming under the control or custody of the committee and by 
them expended directly or indirectly. If such statement is filed 
by a committee on behalf of any candidate, there shall also be 
attached to such statement an affidavit subscribed and sworn to 
by said candidate, setting forth in substance that said statement 
is to the best of his knowledge and belief in all respects true, 
and that he has not in person made any expenditures or re¬ 
ceived any contributions which are not set forth and covered by 
said statement. The failure of any committee designated by any 
candidate to file the statements herein required in the form and 
at the time specified is hereby declared to be a corrupt practice. 
If the statement required to be made prior to such election is 
not made by any candidate and committee for him, the name 
of such candidate shall not be placed upon the ballot to be 
used in such election. If the statement required to be made 
after such election is not made by any candidate and committee 
for him, a certificate of election or nomination shall not issue 
to such candidate though he be successful in such election. The 
failure of any other political committee to file the‘statements 
herein required in the form and at the time specified is hereby 
declared to be a corrupt practice. The statements herein re¬ 
quired to be filed shall become public documents and be open 
to inspection by any citizen. 

Sec. 9. Every bill, placard, poster, pamphlet, advertise¬ 
ment, newspaper advertisement, cartoon or other printed mat¬ 
ter, having reference to an election or to any candidate, shall 
bear upon the face thereof the name and address of the person 
or committee causing the same to be published. The failure to 
place thereon the name and address of such person or commit¬ 
tee, or the printing or publishing or circulating of any such 
printed matters without the same bearing upon the face thereof 
the name and address of such person or committee is hereby 
declared to be a corrupt practice. 

Sec. 10. All political advertisements appearing in a news¬ 
paper shall be marked paid advertisement. Any person who 
publishes or circulates any campaign literature or political 
advertisement without the same bearing upon its face the name 
and address of the person or committee causing the same to be 
published, or any person or the owner of any newspaper who 
publishes a political advertisement in a newspaper without the 
same being marked paid advertisement, is hereby declared to 
be guilty of a corrupt practice. 


37 


Sec. 11. Every cartoon having reference to an election or 
to any candidate or to any proposition to be submitted to a 
popular or party vote or to a vote of the Legislature of Ala¬ 
bama, shall, if published in any newspaper and not caused to 
be published therein by some person or committee, bear upon 
the face thereof the name of the owner or publisher of such 
newspaper, and if such newspaper is owned or published by a 
corporation, tiie name of the principal executive officer of such 
corporation. 

Sec. 12. It is hereby declared to be a corrupt practice for 
any person on any election day, (1) to intimidate or attempt 
to intimidate an elector or any of the election officers; or, (2) 
obstruct or hinder or attempt to obstruct or hinder, or prevent 
or attempt to prevent, the forming of the lines of the voters 
awaiting their opportunity or time to enter the election booths; 
or (3) to hire or to let for hire any automobile or other con¬ 
veyance for the purpose of conveying electors to and from the 
polls; or, (4) to do any electioneering or to solicit any votes 
or to promise to cast any votes for or against the election or 
nomination of any candidate, or in suppoi;t of or in opposition 
to any proposition that is being voted on on the day on which 
the election affecting such candidacies or propositions is being 
held. 

Sec. 13. It is hereby declared to be a corrupt practice for 
any person directly or indirectly by himself or through any 
other person to either, (1) aid or procure to be done any act 
forbidden to be done by the laws of this State relating to elec¬ 
tions; or, (2) for any election inspector or other election officer 
to fail to perform any of the duties imposed upon him by law 
as such officer; or, (3) the commission of any crime or offense 
against the elective franchise, or the encouragement or assist¬ 
ance of a person in the commission of a crime or offense against 
the elective franchise, or aiding or assisting any person charged 
with the commission of a crime or offense against the elective 
franchise to evade arrest or to escape conviction and punisli- 
ment for such crime or offense, or the providing wholly or in 
part for the expense of boarding, lodging or maintaining a 
person at any place or domicile in any election precinct for the 
purpose of securing the vote for himself or any other person or 
proposition, or of registering any person as voter at any elec¬ 
tion held within this State, or the hiring or employment of a 
person to take or maintain a place in or to otherwise obstruct 
or hinder or to prevent the forming of the line of voters await¬ 
ing their opportunity or time to enter the polling place of any 


38 


election, or (4) demand, solicit, ask or invite any payment or 
contribution for any religious, charitable or other cause or 
organization supposed to be primarily for the public good from 
any candidate for nomination or election, or, (5) demand, so¬ 
licit, ask or invite any candidate for nomination or election 
for public office or party position or any political committee 
to subscribe for the support of any club or organization, or to 
buy tickets to any entertainment or ball or to pay for space in 
any book, program, periodical or publication. This shall not 
apply to the solicitation of any business advertising in periodi¬ 
cals in which the candidate was a regular advertiser prior to 
his candidacy, nor to ordinary business advertising, nor to the 
regular demands of any organization, religious, charitable or 
otherwise, of which he was a member or to which he was a 
contributor for more than six months before his candidacy, or 
to any ordinary contributions at church services. ^Or, (6) for 
any corporation or person, trustee or trustees, owning or hold¬ 
ing a majority of stock of a corporation carrying on the busi¬ 
ness of a bank, savings bank, trust, trustee, savings indemnity, 
safetj^ deposit, insurance, railroad, street railway, telephone, 
telegraph, gas, electric light, heat or power company, or any 
company having the right to condemn land, or to exercise fran¬ 
chises in public ways granted by the State, county, city, or 
town, to pay or contribute any money or value in order to aid 
or promote the nomination or election of an}^ person, or in 
order to aid or promote the interest or success, or defeat, of any 
political party or political proposition; or, (7) for any business 
corporation incorporated under the laws or doing business in 
this commonwealth, or any officer or agent acting in behalf of 
such corporation, to directly or indirectly give, pay, expend or 
contribute, or promise to give, pay, expend or contribute, any 
money or other valuable thing in order to aid, promote or pre¬ 
vent the nomination or election of any person, or defeat any 
question or proposition submitted to the vote of the people, or 
in order to aid, promote or antagonize the interests of any 
political party, or for any person or persons or political com¬ 
mittee to solicit or receive from such corporations any such gift, 
payment, expenditure or contribution, or any promise to give, 
pay, expend or contribute. 

Sec. 14. The doing by any person or persons of any act or 
acts herein defined to be a corrupt practice. Unless the punish¬ 
ment for such act or acts has otherwise been provided for 
under the laws of this State, shall be and is hereby declared 
to be a commission by such person or persons of a misdemeanor, 


39 


and any person who commits such misdemeanor must on convic¬ 
tion be fined not more than five hundred dollars, and may also 
be imprisoned in the county jail or sentenced to hard labor for 
the county for not more than six months at the discretion of the 
court. 

Sec. 15. Each section of this act and every part of each 
section are hereby declared to be independent sections and 
parts of any section, and the holding of any section or part 
thereof to be void, ineffective or unconstitutional for any cause, 
shall not affect the other sections or parts thereof. 

Sec. 16. All laws or parts of laws inconsistent herewith 
are hereby repealed. 

Sec. 7. This act shall take effect upon its approval. 

Approved June 19, 1915. 


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